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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. WCK 0069591
Regular
Apr 24, 2008

JIM WESTON vs. SAN RAMON VALLEY FIRE PROTECTION DISTRICT, INNOVATIVE CLAIMS SOLUTIONS, INC.

The applicant, a firefighter trainee, sought reconsideration of the denial of his discrimination claim under Labor Code section 132a. The Board upheld the WCJ's finding that the employer did not violate section 132a, as the applicant's termination was due to performance issues and not his industrial knee injury. The applicant failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his injury, as required by the *Lauher* decision.

Labor Code section 132aprima facie casediscriminationindustrial injuryfirefighterparamedicprobationary firefighteracademy trainingmodified dutyperformance evaluation
References
Case No. ADJ4288859 (SAC 0364961)
Regular
Aug 30, 2010

MICHAEL CAHILL vs. CITY OF SONOMA, REDWOOD EMPIRE MUNICIPAL SONOMA

The Workers' Compensation Appeals Board denied the City of Sonoma's petition for reconsideration, affirming the administrative law judge's award. The judge determined Michael Cahill's date of injury for salivary gland cancer was July 25, 2007, finding his claim was not time-barred. This decision was based on the employer's failure to provide a claim form, which tolled the statute of limitations, and the applicant's lack of awareness of his specific claim against the City of Sonoma until that date. The majority found sufficient evidence that the applicant, despite general knowledge of the firefighter cancer presumption, did not know his condition was industrially related to Sonoma until advised by a former employer's HR manager.

Workers' Compensation Appeals BoardSalivary gland cancerFirefighterDate of injuryLabor Code section 5405Statute of limitationsDWC-1 claim formFirefighter's cancer presumptionTollingEquitable estoppel
References
Case No. ADJ9468922
Regular
Aug 11, 2025

THEODORE DAVIS vs. CITY OF MODESTO, ATHENS ADMINISTRATORS CONCORD

The applicant, Theodore Davis, a firefighter for 36 years, developed prostate cancer which was denied by the City of Modesto. The case revolves around the application of Labor Code section 3212.1, which establishes a rebuttable presumption of compensability for cancer in firefighters. The Workers' Compensation Judge found that the medical opinion of PQME Dr. Allems, which stated that prostate cancer was not industrially caused in firefighters, was based on an incorrect legal theory and contained inconsistencies. Consequently, this opinion was deemed not substantial evidence to rebut the statutory presumption, leading to the denial of the Petition for Reconsideration by the Appeals Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Industrial CausationAOE/COELabor Code Section 3600Cancer PresumptionLabor Code Section 3212.1Firefighter
References
Case No. ADJ3715225
Regular
Mar 16, 2009

MICHAEL COYER vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied reconsideration of its prior decision. The Board found that the applicant's back and spinal cord injury did not arise out of his employment as a firefighter. This was because the injury occurred while the applicant was on paid administrative leave and performing a personal task of protecting his own roof, without departmental authorization or assistance. The Board determined the applicant was not performing his firefighter responsibilities at the time of the injury.

Industrial injuryBack injurySpinal cord injuryFirefighterPaid administrative leavePersonal undertakingDepartmental authorizationLabor Code section 3600.4Petition for reconsiderationOpinion and Decision After Reconsideration
References
Case No. ADJ8703877
Regular
Jan 01, 2014

WILLIAM LOZANO (Deceased), CYNTHIA LOZANO (Widow) vs. PYRAMID SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a widow's claim for workers' compensation benefits for her deceased husband's stomach cancer, alleging it was an industrial injury. The applicant contended her husband, a firefighter for a DoD installation, was entitled to a presumption of industrial injury under Labor Code section 3212.1. However, the Appeals Board affirmed the WCJ's decision, finding the cancer was not industrial because the relevant statute amendment, which would have included DoD firefighters, was not retroactive. Therefore, the presumption of industrial injury did not apply to the decedent's cancer manifestation.

Workers' Compensation Appeals BoardWilliam LozanoCynthia LozanoPyramid ServicesState Compensation Insurance FundADJ8703877Opinion and Decision After Reconsiderationindustrial injurystomach cancerpresumption
References
Case No. ADJ198279 (VNO 0510947) ADJ3495790 (VNO 0506075)
Regular
May 04, 2009

MICHAEL BONNER vs. CITY OF LOS ANGELES; permissibly self-insured, administered by TRISTAR RISK MANAGEMENT

This case involves a firefighter, Michael Bonner, seeking workers' compensation benefits. The defendant, City of Los Angeles, sought reconsideration of a prior award granting temporary disability (TD) benefits and a penalty for unreasonable delay. The Appeals Board denied the reconsideration, holding that Labor Code section 4850 salary continuation benefits for firefighters are distinct from temporary disability and do not count against the two-year TD limit under Labor Code section 4656(c)(1). The Board affirmed the penalty, finding the City's attempt to conflate these benefits to limit TD payments unreasonable.

Labor Code section 4850Labor Code section 4656(c)(1)temporary disabilitysalary continuationInjury on Duty (IOD) timefirefighterCity of Los Angelescollective bargaining agreementWCJpetition for reconsideration
References
Case No. ADJ1402736
Regular
Jan 04, 2010

SANDY BASTIAN vs. COUNTY OF VENTURA

This case involves a firefighter diagnosed with breast cancer who claimed industrial injury under California Labor Code section 3212.1. The defendant employer argued the statutory presumption of industrial causation was rebutted by an Agreed Medical Examiner's opinion stating the cancer was non-industrial, citing a lack of studies linking female firefighter exposures to breast cancer. The Appeals Board affirmed the WCJ's decision, finding the applicant sufficiently demonstrated exposure to carcinogens and the defendant failed to meet its burden to prove the exposure was "not reasonably linked" to the cancer. The court clarified that the mere absence of specific epidemiological studies does not rebut the presumption under section 3212.1.

Labor Code section 3212.1firefightercancer presumptionindustrial injuryrebuttable presumptioncarcinogen exposureAgreed Medical Examiner (AME)non-industrial causationindustrial causationAppeals Board
References
Case No. ADJ10762593
Regular
Feb 06, 2023

NICHOLAS KOBE vs. CITY OF LOS ANGELES, AIMS

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration, upholding the finding that firefighter Nicholas Kobe's TMJ/myofascial pain injury was compensable. The Board adopted the judge's report, which determined that the applicant was not the initial physical aggressor in an altercation with a fellow firefighter, as the initial physical contact was initiated by the other firefighter. Therefore, Labor Code §3600(a)(7) did not bar the claim, and the applicant was awarded temporary and permanent disability benefits. The defense exclusively argued the initial physical aggressor defense, which the Board found inapplicable based on the facts.

Initial physical aggressor defenseLabor Code §3600(a)(7)TMJ/myofascial painPanel Qualified Medical EvaluatorNina Nattiv DDSfirefighter injurytemporary disabilitypermanent disabilitywage calculationattorney fees
References
Case No. ADJ6830678
Regular
Mar 18, 2014

JAMI MALLIN vs. CALIFORNIA DEPARTMENT OF CORRECTION, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves an inmate firefighter who sustained injuries to her hip and back. The defendant sought reconsideration of an award finding 63% permanent disability, arguing the weekly payment rate was improperly set above the statutory minimum for inmate workers. The Board granted reconsideration, affirming the 63% disability finding but amending the award to reflect the statutory minimum weekly payment rate of $130.00. This adjustment correctly applies Labor Code section 3370(c)(5) to inmate firefighter compensation.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONFINDINGS AND AWARDSLEEP DISORDERSLEEP IMPAIRMENTINMATE FIREFIGHTERCALIFORNIA LABOR CODE SECTION 3370(c)(5)MINIMUM AMOUNTPERMANENT DISABILITYWEEKLY PERMANENT DISABILITY BENEFITS
References
Case No. SDO 244774
Significant
Dec 11, 2003

Walter Faust vs. City of San Diego

The Appeals Board held that under the amended Labor Code section 3212.1, a firefighter only needs to show exposure to a known carcinogen to establish a presumption of industrial cancer, shifting the burden to the defendant to prove no reasonable link.

Labor Code section 3212.1cumulative industrial injuryfirefightercancerpresumptionrebutting presumptionqualified medical evaluatorcarcinogencadmiumplating company fire
References
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